Law At War The Law As It Was And The Law As It Should Be

Author : Ola Engdahl,Pål Wrange
Publisher : BRILL
Page : 341 pages
File Size : 54,5 Mb
Release : 2008
Category : Law
ISBN : 9789004170162

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Law at War by Ola Engdahl,Pål Wrange Pdf

The authors of this volume have been inspired by the scholar to which this "Liber Amicorum" is dedicated - Professor Ove Bring - to look into both the past and the future of international law. Like Ove Bring, they have dealt with many aspects of the law governing the use of force, from arms control to human rights, international criminal law, the UN Charter, and, of course, international humanitarian law. Like Professor Bring, they have allowed themselves to draw trajectories from history and into the future, and have shunned away from neither the controversial nor the speculative, be it on the Middle East, the invasion of Iraq or the independence of Kosovo. This collection brings together insights from a former UN Legal Counsel, a former Executive Chairman of UNMOVIC, present and former judges of the European Court of Justice, the International Criminal Tribunal for the former Yugoslavia and the International Tribunal for the Law of the Sea, one present and one former member of the International Law Commission, as well as law professors and practitioners, from all Nordic countries, Germany and Australia. Together they form a highly challenging mosaic of perspectives on topical issues like cluster munitions, targeting, human rights in peace operations and the purposes of sentencing in international tribunals. The volume also contains a bibliography and a presentation of Professor Bring's work.

Author : Michael Byers
Publisher : Open Road + Grove/Atlantic
Page : 224 pages
File Size : 48,5 Mb
Release : 2007-12-01
Category : Law
ISBN : 9781555848460

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War Law by Michael Byers Pdf

“Professor Byers’s book goes to the heart of some of the most bitterly contested recent controversies about the International Rule of Law.” —Chris Patten, Chancellor of Oxford University International law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law. Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by US forces at Abu Ghraib prison in Iraq. Byers explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq; the development of international humanitarian law from the 1859 Battle of Solferino to the present; and the role of war crimes tribunals and the International Criminal Court. He also considers the unique influence of the United States in the evolution of this extremely controversial area of international law. War Law is neither a textbook nor a treatise, but a fascinating account of a highly controversial topic that is necessary reading for fans of military history and general readers alike. “Should be read, and pondered, by those who are seriously concerned with the legacy we will leave to future generations.” —Noam Chomsky

Author : David Kennedy
Publisher : Princeton University Press
Page : 207 pages
File Size : 53,7 Mb
Release : 2009-01-10
Category : Law
ISBN : 9781400827367

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Of War and Law by David Kennedy Pdf

Modern war is law pursued by other means. Once a bit player in military conflict, law now shapes the institutional, logistical, and physical landscape of war. At the same time, law has become a political and ethical vocabulary for marking legitimate power and justifiable death. As a result, the battlespace is as legally regulated as the rest of modern life. In Of War and Law, David Kennedy examines this important development, retelling the history of modern war and statecraft as a tale of the changing role of law and the dramatic growth of law's power. Not only a restraint and an ethical yardstick, law can also be a weapon--a strategic partner, a force multiplier, and an excuse for terrifying violence. Kennedy focuses on what can go wrong when humanitarian and military planners speak the same legal language--wrong for humanitarianism, and wrong for warfare. He argues that law has beaten ploughshares into swords while encouraging the bureaucratization of strategy and leadership. A culture of rules has eroded the experience of personal decision-making and responsibility among soldiers and statesmen alike. Kennedy urges those inside and outside the military who wish to reduce the ferocity of battle to understand the new roles--and the limits--of law. Only then will we be able to revitalize our responsibility for war.

Author : Stephen C. Neff
Publisher : Cambridge University Press
Page : 457 pages
File Size : 45,9 Mb
Release : 2005-08-04
Category : Law
ISBN : 9781139445238

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War and the Law of Nations by Stephen C. Neff Pdf

This ambitious 2005 volume is a history of war, from the standpoint of international law, from the beginning of history to the present day. Its primary focus is on legal conceptions of war as such, rather than on the substantive or technical aspects of the law of war. It tells the story, in narrative form, of the interplay, through the centuries, between, on the one hand, legal ideas about war and, on the other hand, state practice in warfare. Its coverage includes reprisals, civil wars, UN enforcement and the war on terrorism. This book will interest historians, students of international relations and international lawyers.

Author : William H. Boothby,Wolff Heintschel von Heinegg
Publisher : Cambridge University Press
Page : 481 pages
File Size : 40,8 Mb
Release : 2018-03-29
Category : History
ISBN : 9781108427586

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The Law of War by William H. Boothby,Wolff Heintschel von Heinegg Pdf

A detailed and highly authoritative critical commentary appraising the vitally important United States Department of Defense Law of War Manual.

Author : Anton O. Petrov
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 51,6 Mb
Release : 2020-06-26
Category : Law
ISBN : 9781789907599

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Expert Laws of War by Anton O. Petrov Pdf

Over recent decades, international humanitarian law has been shaped by the omnipresence of so-called expert manuals. Astute and engaging, this discerning book provides a comprehensive account of these black letter rules and commentaries produced by private expert groups and demonstrates why the general acceptance of these expert manuals is largely unjustified. The author innovatively links interdisciplinary insights to the needs of military lawyers in practice, showing the pitfalls of relying on private manuals as arguable restatements and interpretations of the law 'as it is'.

Author : William H. Boothby
Publisher : Cambridge University Press
Page : 527 pages
File Size : 47,7 Mb
Release : 2018-12-20
Category : Law
ISBN : 9781108497534

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New Technologies and the Law in War and Peace by William H. Boothby Pdf

Explains how existing and proposed law seek to tackle challenges posed by new and emerging technologies in war and peace.

Author : Adil Ahmad Haque
Publisher : Oxford University Press
Page : 305 pages
File Size : 50,8 Mb
Release : 2017
Category : Law
ISBN : 9780199687398

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Law and Morality at War by Adil Ahmad Haque Pdf

The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does 'collateral damage' to civilians become unlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge international debate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status of civilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view. Finally, it explores when, if ever, the emotional pressures under which soldiers act should partially or wholly excuse their wrongful actions --Flap of book cover.

Author : Orde F. Kittrie
Publisher : Oxford University Press
Page : 505 pages
File Size : 55,9 Mb
Release : 2016
Category : Law
ISBN : 9780190263577

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Lawfare by Orde F. Kittrie Pdf

In Lawfare, author Orde Kittrie's draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of the strategic leveraging of law as an increasingly powerful and effective weapon in the current global security landscape. Lawfare incorporates case studies of recent offensive and defensive lawfare by the United States, Iran, China, and by both sides of the Israeli-Palestinian conflict and includes dozens of examples of how lawfare has thus been waged and defended against. Kittrie notes that since private attorneys can play important and decisive roles in their nations' national security plans through their expertise in areas like financial law, maritime insurance law, cyber law, and telecommunications law, the full scope of lawfare's impact and possibilities are just starting to be understood.

Author : Sean Richmond
Publisher : University of Toronto Press
Page : 287 pages
File Size : 50,7 Mb
Release : 2021
Category : History
ISBN : 9781487503468

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Unbound in War by Sean Richmond Pdf

This book tells the story of how two of America's closest allies, Canada and Britain, have sought to reconcile their security concerns with their legal obligations during two of the most significant international conflicts since the Second World War.

Author : Ingrid Detter Delupis
Publisher : Cambridge University Press
Page : 556 pages
File Size : 43,6 Mb
Release : 2000-09-28
Category : Law
ISBN : 0521782562

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The Law of War by Ingrid Detter Delupis Pdf

Analysis of the changing legal context of modern warfare including developments over the last decade.

Author : Gary D. Solis
Publisher : Cambridge University Press
Page : 923 pages
File Size : 51,9 Mb
Release : 2016-04-18
Category : Law
ISBN : 9781107135604

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The Law of Armed Conflict by Gary D. Solis Pdf

This book introduces students to the essential questions of the law of armed conflict and international humanitarian law.

Author : E. L. Gaston
Publisher : Unknown
Page : 0 pages
File Size : 51,9 Mb
Release : 2012
Category : Humanitarian law
ISBN : 1617700266

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Laws of War and 21st Century Conflict by E. L. Gaston Pdf

The Laws of War and 21st Century Conflict explores how international law considers and confronts the so-called new warfare. To many, modern conflict appears unlike any we have known before. A modern battlefield might as easily be found in an urban shopping mall or in the frontline trenches of a failed state. Weaponry that once populated science fiction novels and movies is now a reality, with unmanned aerial drones used against military targets in several countries and automated robots replacing some soldiers on the battlefield. Globalization and the diffusion of technology have eroded state controls and empowered other actors, from terrorist groups to mercenaries. Now, the most deadly threats might be activated by the push of a cell-phone button or from a computer hacker's screen on the other side of the world.

Author : Travers McLeod
Publisher : Oxford University Press, USA
Page : 305 pages
File Size : 41,8 Mb
Release : 2015
Category : Law
ISBN : 9780198716396

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Rule of Law in War by Travers McLeod Pdf

War and security have traditionally been held up as two areas where it is largely assumed international law has little influence on state action. 'Rule of Law in War' shows that it is possible to isolate the impact of rules, and to do so in areas that have historically been impenetrable.

Author : Henry Wager Halleck
Publisher : Unknown
Page : 410 pages
File Size : 41,8 Mb
Release : 1874
Category : International law
ISBN : STANFORD:36105044427701

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Elements of International Law and Laws of War by Henry Wager Halleck Pdf